Manhattan DA to propose next steps in Trump’s criminal hush money case
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(NEW YORK) — Manhattan District Attorney Alvin Bragg is expected to propose the next steps in Donald Trump’s New York hush money case Tuesday after the “unprecedented circumstances” of the former president’s election following his conviction on 34 felony counts earlier this year.
Trump’s sentencing in the criminal case is tentatively scheduled for Nov. 26, though defense attorneys have urged New York Judge Juan Merchan to dismiss the case ahead of Trump’s impending inauguration.
“The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” defense attorney Emil Bove told the court last week.
Since July, Trump’s attorneys have been pushing to have the conviction vacated and the case dismissed by arguing that prosecutors filled “glaring holes in their case” with evidence of official acts that the Supreme Court recently ruled off limits in its landmark presidential immunity decision.
Trump’s lawyers have also argued for a dismissal by citing the Presidential Transition Act of 1963, which urges government officers to take “lawful steps to avoid or minimize disruptions” to the presidential transition.
While prosecutors have argued that the Supreme Court’s ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office has no bearing on Trump’s conviction, they haven’t publicly signaled a position on the upcoming sentencing since Trump’s election.
Prosecutors requested additional time to advise the court about the “appropriate steps going forward” based on the impact of Trump’s victory.
“The People agree that these are unprecedented circumstances,” prosecutor Matthew Colangelo told the court last week.
Following the joint request for additional time, Judge Merchan delayed his ruling on how the Supreme Court’s presidential immunity decision impacts Trump’s case, which he originally planned to release last week.
Trump was convicted in May of all 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels to silence allegations about a 2006 sexual encounter with Trump in order to boost his electoral prospects in the 2016 presidential election.
His conviction carries a maximum penalty of up to four years in prison, but first-time offenders would normally receive a lesser sentence.
(LOUISVILLE, Ky.) — A jury on Friday found former Louisville police officer Brett Hankison guilty of violating Breonna Taylor’s civil rights during a fatal botched police raid, in a retrial of the federal case against him.
The guilty verdict came hours after the jury acquitted Hankison of a second count of violating the civil rights of three of Taylor’s neighbors, who lived in an adjacent apartment that was also struck by gunfire during the raid. After the partial verdict was delivered, jurors, who remained deadlocked on the count specifically related to Taylor, were instructed by the judge to continue deliberating.
The jury returned a guilty verdict on that count shortly before 9:30 p.m., according to Louisville ABC affiliate WHAS.
Family and friends of Taylor hugged each other and cheered after leaving court late Friday night.
Speaking to reporters after the verdict, Tamika Palmer, Taylor’s mother, thanked prosecutors and jurors. “They stayed the course,” Palmer said of prosecutors, who retried the case after Hankison’s first federal trial ended in a mistrial last year when the jury was unable to reach a unanimous decision after deliberating for several days.
As deliberations this time around stretched late into the evening Friday, Palmer said she began to feel defeated. “The later it got, the harder it got, and I’m just glad to be on the other side,” she said.
“Now, I just want people to continue to say Breonna Taylor’s name,” her mother said.
Taylor was fatally shot during the March 2020 raid. The three officers fired dozens of rounds after her boyfriend fired one round at them, striking one of the officers.
Hankison fired 10 rounds through Taylor’s sliding glass door and window, which were covered with blinds and curtains, prosecutors said. Several of the rounds traveled into Taylor’s neighbor’s apartment, where three people were at the time. None of the 10 rounds hit anyone.
Prosecutors argued Hankison’s use of force was unjustified, put people in danger and violated the civil rights of Taylor and her three neighbors. The indictment alleged Hankison deprived Taylor of the right to be free from unreasonable seizures and deprived her neighbors of the right to be free from the deprivation of liberty without due process of law.
Several witnesses, including Louisville’s current police chief, testified during the trial that the former officer violated Louisville police policy requiring officers to identify a target before firing, according to The Associated Press.
The defense argued during the trial that Hankison had joined a poorly planned raid and that he fired his weapon after believing someone was advancing toward the other officers, the AP reported.
The charges carry a maximum sentence of life in prison if convicted.
The plainclothes officers were serving a warrant searching for Taylor’s ex-boyfriend, who they alleged was dealing drugs, when they broke down the door to her apartment. He was not at the residence, but her current boyfriend, Kenneth Walker, thought someone was breaking into the home and fired one shot with a handgun, striking one of the officers in the leg. The three officers returned fire, shooting 32 bullets into the apartment.
The original indictment alleged Hankison had also violated Walker’s civil rights, though Walker was removed from the charge at the beginning of the retrial.
The retrial marked the third trial for Hankison, following the initial mistrial as well as a state trial in 2022, in which he was acquitted of multiple wanton endangerment charges.
Like in his previous trials, Hankison took the stand during the retrial, getting emotional at times over two days of testimony, according to WHAS, the ABC affiliate in Louisville covering the case in the courtroom.
Hankison told the jurors he was “trying to stay alive, [and] trying to keep my partners alive,” according to WHAS.
Hankison insisted “the only person my bullet could have struck was the shooter,” saying there was “zero risk” of hitting anyone outside the threat, according to WHAS.
He said that night was the first time he fired his gun in nearly 20 years of policing, according to the AP.
Hankison was fired from the Louisville Metro Police Department for violating department procedure when he “wantonly and blindly” fired into the apartment.
The two other officers involved in the raid were not charged. Kentucky Attorney General Daniel Cameron called Taylor’s death a “tragedy” but said the two officers were justified in their use of force after having been fired upon by Walker.
(ERWIN, Tenn.) — At least 54 people were trapped on the roof of a hospital in Tennessee on Friday after floodwaters due to Hurricane Helene quickly surrounded the medical center.
Everyone was rescued safely, Sen. Bill Hagerty said in a statement.
Unicoi County Hospital — located in the northeastern part of the state on the border with North Carolina — took on so much flooding that those inside could no longer be safely evacuated and had to relocate to the roof.
In addition to the people trapped on the roof, seven people were in rescue boats. The National Guard and the Tennessee Emergency Management Agency (TEMA) are currently engaged in “a dangerous rescue operation,” according to Ballad Health, a health care company that runs a chain of hospitals.
“I don’t think very many people have seen something like this before,” Ballad Health CEO Alan Levine said while speaking at Unicoi County High School. “The most important thing is the safety of our employees and patients. Thank God, thanks to the great work of Tennessee and Virginia partnering to help us get this rescue underway, they’re all safe.”
Rep. Diana Harshbarger posted on the social platform X on Friday afternoon that helicopters had arrived to help evacuate people off the roof.
Ballad Health said in a statement on X on Friday that it received notice a little after 9:30 a.m. ET from the Unicoi County Emergency Management Agency that the hospital needed to be evacuated to the water from a nearby river rising quickly.
Although ambulances were quick to help evacuate patients, the hospital became flooded so quickly that the ambulances could not safely approach the hospital.
TEMA coordinated with local emergency management agencies so boats could be deployed to assist with the evacuation. However, water began flooding the hospital building causing an “extremely dangerous and impassable” that prevented boats from reaching the hospital.
What’s more, high winds had previously prevented helicopters from evacuating the hospital.
“We ask everyone to please pray for the people at Unicoi County Hospital, the first responders on-scene, the military leaders who are actively working to help, and our state leaders,” Ballad Health said in a statement. “Ballad Health appreciates the support and effort of Mayors Garland Evely, Patty Woodby and Joe Grandy, each of whom has offered assistance and have maintained ongoing contact with Ballad Health leadership.”
ABC News’ Alexandra Faul and Mike Noble contributed to this report.
(MEMPHIS, Tenn.) — A former Memphis police officer who pleaded guilty to charges connected to the beating death of Tyre Nichols faced cross-examination from defense attorneys Wednesday.
Emmitt Martin III testified at the trial of the three former officers — Justin Smith, Tadarrius Bean and Demetrius Haley — who were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
Stephen Leffler, Haley’s attorney, mentioned that the boots of the ex-officers involved in the encounter were taken into evidence after the incident, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom. Martin said that blood was found on his and Haley’s shoes.
Martin Zummach, Young’s lawyer, claimed that the no-snitch rule the former officer’s unit followed didn’t apply to Smith or Bean because they had only worked 11 shifts with Martin. The ex-officer disagreed and said the rule was understood by Smith and Bean as well.
Martin and Desmond Mills Jr., the two officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
Martin said on Monday that on Jan. 7, 2023, the night Nichols was pulled over, he saw the Memphis resident speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.
Leffler asked Martin why he said, “Let go of my gun,” during the encounter with Nichols. Martin said that he felt pressure on his duty belt, according to WATN. But Martin also pointed out that he had previously told prosecutors that Nichols was not trying to take the weapon out of his holster and had not seen him do it.
The defense said Tuesday that Martin changed his story of what happened the night of their encounter with Nichols after accepting a plea deal from the prosecution, adding that if the ex-officer’s testimony leads to the conviction of even one defendant, Martin could receive a lesser sentence, according to WATN.
Defense attorneys questioned if Martin was lying on the stand to fulfill the terms of his plea deal, according to WATN. But the ex-officer responded by claiming that he was lying in earlier statements to justify his use of force on Nichols.
In police reports filed the night of Nichols’ arrest, narratives read that the Memphis resident swung at officers and tried to grab Martin’s gun. Martin said on Tuesday that he never saw that occur, according to WATN.
Under cross-examination on Tuesday, Martin was asked by John Keith Perry, Bean’s attorney, whether he had ever told Bean that he had “homicidal thoughts.” Martin said he never told that to Bean and had told that to Justin Smith before coming back to work in January 2023 after being hit by a car in November 2022, according to WATN. Martin said Wednesday he never told his former supervisor, about those thoughts.
Martin said Tuesday that he experienced four life-threatening injuries after being struck by the vehicle and was diagnosed with post-traumatic stress disorder, suffering from loss of sleep, paranoia, irritability and chronic headaches, according to WATN.
Martin told prosecutors Monday that he was scared, angry and eager to show he could still do the job and wanted revenge for being hit by a car, according to WATN.
Body-camera footage shows that Nichols fled after police pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes later after tracking him down. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.
The prosecution told ABC News last week that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
